Without prejudice to Article 53 of Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories, a market undertaking shall authorise its members to designate a system for the settlement and delivery of transactions in financial instruments concluded on the regulated market that it manages, subject to the following cumulative conditions:
1° The establishment of arrangements and links between the system for settlement and delivery of financial instruments and any other system or infrastructure necessary to ensure the efficient and cost-effective settlement of such transactions;
2° Confirmation from the AMF that the technical conditions for settlement and delivery of financial instruments in connection with transactions concluded on this regulated market by a system for settlement and delivery of financial instruments other than the one designated by the market undertaking are such as to allow the smooth and orderly functioning of the financial markets.
This assessment by the Autorité des marchés financiers is without prejudice to the powers of the Banque de France under II of Article L. 141-4.
In its assessment, the Autorité des marchés financiers shall take into account the oversight exercised over clearing houses or central depositories established in a Member State of the European Union, in a State party to the Agreement on the European Economic Area or in a third country by central banks in their capacity as overseers of clearing and settlement systems for financial instruments or by other competent authorities in respect of such systems.